Sutton's default removal letters

never-in-doubt

donmonster wrote: »

Hi Never-in-doubt

Now on my Callcredit account I have the following corresponding to numbers above:

1. Default Jun 2004 - Settled July 2006
3. Default Sept 2005 - Settled Sept 2006
5. Default Jan 2004 - never shows as settled but payment each month as OKsince then!
6. No default registered but shows as settled Aug 2005
7. Marked default Aug 2005 - Marked settled Sept 2005

Interesting how the dates between the 2 agencies hardly correspond at all!! Hmmm setting it out reminds me just how many there were!! there were never any CCJ's and all accounts were settled directly through the original lender. One last edit is that I am not sure when the exact payments were made - and can only go as to when they were marked settled.

Thanks

Hi,

By the way please dont worry about call credit too much, they are the weaker of the 3 CRA's and to be honest only Monument exclusively use them, monument no longer issue cards so really no problem.

When you get it removed from Equifax/Experian then Call Credit will follow suit if you send a letter.

noah271007

Bumping up this thread... this thread deserves attention!

noah271007

Come on, where is the hell is everyone? Get cracking and write posts here!

noah271007

Blimey Donmaster, you got quite a few defaults there making it all more harder to get your credit files squeeky clean! My advice to you is are you willing to wait for another 2 years plus to get the defaults removed? If not, then get the ball rolling...

hack2009

noah271007 wrote: »

Blimey Donmaster, you got quite a few defaults there making it all more harder to get your credit files squeeky clean! My advice to you is are you willing to wait for another 2 years plus to get the defaults removed? If not, then get the ball rolling...

My advice is go legal.

'Noah' - Only joking ;-)

never-in-doubt

hack2009 wrote: »

My advice is go legal.

'Noah' - Only joking ;-)

LOL - I whinge at the legal thing, not Noah hahaha :rotfl:

never-in-doubt

noah271007 wrote: »

Blimey Donmaster, you got quite a few defaults there making it all more harder to get your credit files squeeky clean! My advice to you is are you willing to wait for another 2 years plus to get the defaults removed? If not, then get the ball rolling...

That's what I reckon too matey - with him waiting 4yrs, he may as well see out the term. Even trying to go for unenforceability means nada cos he has paid them; therefore best (well only option) option is to wait and the defaults will drop off. Just pay ettention to Experian/Equifax - don't worry too much about Crappy Credit because they are hardly used - more for insurance and employment searches.

The path, my son, will soon be clear......

For banks etc that may accept you; look here: http://forums.moneysavingexpert.com/showthread.html?t=1626277

The letter that should be sent for Statute Barred (in response to Donmaster) after 6yrs and one month is shown below.

never-in-doubt

If, after 6yrs your debt becomes Statute barred then you should send the following letter:

Dear Sirs

Re: Statute Barred Account - Numbered - XXXXXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

James3891

I finally decided that i will look at my credit report after putting it off for ages.2 possible default notices , in 05 and 06.05 one was vodafone, didn't pay for 3 months, paid in full week after i got the notice so hoping i can remove that.The other is for Burtons, i missed 1 payment of £25 in 06 and got a Red inked letter serving me a default notice , next statement all up to date and has been since hoping i can get that removed as it seemed a bit hasty sending me it, fairlysure it wasn't a default sums notice.I called Burtons and was told'Its not what you think sir, it doesn't go on your credit file its just a default internally for GE capital to see , personally i'd just ignore it'.I know now it was bull probably but hoping it can be removed anyway.Santander now do Burtons so CCA request to GE might be interesting .

never-in-doubt

James3891 wrote: »

vodafone, didn't pay for 3 months, paid in full week after i got the notice so hoping i can remove that.

Have you got a default notice on your CRA? If so, and like you say, that they served it within a month then yes you must demand immediate removal as a breach of DPA and inform the ICO if they fail to respond in 7 (+2 days).

If however you have dates slightly wrong, then the default could and would stand if they served it correctly of course. I doubt they issued a default for 3 months payments but then technically they can issue warning after 1 month late then issue default after 3 (6 is normal)......

James3891 wrote: »

The other is for Burtons, i missed 1 payment of £25 in 06 and got a Red inked letter serving me a default notice , next statement all up to date and has been since hoping i can get that removed as it seemed a bit hasty sending me it

Seems rather hasty I agree but again, I doubt they issued a default notice for £25 and one month late... something doesn't quite seem right matey.

Also, the poster should write to the normal GE Money address in leeds, not Santander as it has nothing to do with them - he took it out with GE and can therefore query with them. They will forward to Santander if they deem necessary.